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Custody

Love is Love

“No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family.  In forming a marital union, two people become something greater than once they were.”  Justice Anthony M. Kennedy wrote for the majority in the historic decision; “No longer may this liberty be denied.” Whereas New…

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Divorce: Morally Necessary?

This week, Pope Francis shocked many when he addressed the issue of divorce and declared that marriage dissolution is sometimes inevitable and even morally necessary when the safety of women and children are at stake. This stance is quite progressive for the Catholic Church, which does not recognize civil divorce, but rather, only Church- sanctioned…

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Recent Appellate Decisions Favor Children’s Well-Being in Custody & Visitation Proceedings

The Second Department recently ruled on pressing custody and visitation issues. Whether your concerns about parenting access time, custody, or visitation are entangled in your divorce or are separate from a matrimonial action, parties litigating these issues are likely to be concerned and anxious about the best interests of their children. Fortunately, the Appellate Division…

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The Best Way to Ask Your Spouse for a Divorce

That’s it – you can’t do it anymore.  You’re done.  You have tried your hardest for years, but you just can’t seem to make it work.  You want out of your marriage, but do not know how to bring up the topic of divorce to your spouse without devastating them or triggering a war.  The…

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Divorcing Seniors: Tips to Remember

A recent Bowling Green State University study revealed that the divorce rate for Americans over the age of 50 has nearly doubled since 1990. Of this generation of divorcees, approximately 48% were divorcing their first spouse. All divorce proceedings are tied to unique problems, however seniors that elect to end their marriage, particularly from their…

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Becoming The Brady Bunch: Blending Families After A Divorce

When you have children and you are going through a divorce, you must always remember that the children will always have their mother and father, even when the family becomes blended with new spouses and siblings.  In a recent Huffington Post article, “What Kids With Divorced Parents Need To Remember,” Rebecca Ryan discusses her life…

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5 Myths to Legally Separate From (even if you’re single)

There tends to be several common misconceptions or “myths” regarding divorce, even amongst those who may not necessarily be seeking a divorce.  This is partially because of the fact that we are used to seeing divorce in the media as either a grand emotional battle or something that involves just “signing the papers” and then…

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Custody Modification Warranted Due to Mother’s Irresponsible Behavior

Does your ex-spouse have primary residential custody of your children? Does he/she relocate often or make rash, sporadic decisions that affect your children? In a recent Appellate Division case, Matter of Sherwood v. Barrows, the Court concluded that this kind of irresponsible behavior could warrant a modification of a pre-existing custody agreement.   In October…

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Steering Away from the “Keeping the Children Together” Rule

In general, the law expresses a preference for keeping siblings together. However, the application of this universal rule has become more complicated as a result of today’s changing family dynamic and the presence of half-siblings. In a recent Third Department, Appellate Division case, Matter of Adam MM. v. Toni NN., the Court awarded primary custody…

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